CiNii 図書 - Justice, democracy and the jury

Within this text, James Gobert looks at the role and function of the jury and the individual juror. He examines these from a number of perspectives: legal, historical, political, psychological and philosophical. The objective of the volume is to bring together the lessons to be gleaned from the various disciplines which have studied jury-related issues in an attempt to gain a deeper, fuller understanding of the jury. The American and British jury systems are compared in the book, but the comparative study does not extend to any further countries.

Part 1 Justice and the jury: the conventional view of the jury's role
clues to a different role
a four-stage process of adjudication
jury justice
reaching consensus on a just verdict
the hierarchy between law and justice. Part 2 Doing justice: the justice of the law
the justice of sanction
the jury and legislative reform
the jury in a resisting roll
the jury in an individualistic rawly
the justice of the criminal justice system
heightening the jury's sensitivity to the demands of justice. Part 3 Judge versus jury: the jury and its critics
a question of competency
the problem of bias
corruptibility
the judge's dilemma
the mathematical advantages of the jury
fact-finding
the synergism and dialectics of jury deliberation. Part 4 Democracy and the jury: the selection of a jury
the democracy of the jury
the democratic dividend
the jury as democratic determiners of the law
the democratization of the British jury
the democratization of US jury
democracy and the peremptory challenge
exemptions and excusals. Part 5 Justice versus democracy: peers and prejudice
proportional representation
democracy's threat to justice
conscience versus constituency
the primacy of justice
a balancing of biases
the dynamics of the democratic jury. Part 6 The selection and training of jurors: impartiality
the relationship between knowledge and impartiality
the myth of the impartial juror
the search for impartial jurors
the role of the court in the jury selection. Part 7 From the world of law to the world at large: the jury as process
democracy in decline
recapturing democracy
citizens' juries in practice
learning from citizens juries
reinventing representative government.

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Justice, democracy and the jury

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